Burk v. Simonson

There are four paragraphs in the appellant’s complaint, and to all of them demurrers were sustained.

*174. Shortly stated, the case made by the complaint is this: The appellant inherited land from his father, who acquired it in 1809 ; the appellee owns land lying adjoining and immediately above that owned by the appellant. In 1838 the Whitewater Canal Company acquired a right of way for the construction of a canal through the lands now owned by these parties, and constructed a canal upon the right of way so acquired. In constructing the canal, a ditch twenty-five feet deep and twenty feet wide was…